Court case[1911] AC 394

The defendants sold the plaintiffs seed described as 'common English sainfoin'. The contract provided that the sellers gave 'no warranty express or implied' as to growth, description or any other matter. The seed delivered was giant sainfoin, an inferior and different variety indistinguishable until it grew. The buyers had accepted the seed and resold it; on discovering the truth after their sub-buyers complained, they sued for damages.

The House of Lords, adopting the dissenting judgment of Fletcher Moulton LJ in the Court of Appeal, held for the buyers. That the goods correspond with their description is a condition. By accepting the goods the buyers had lost the right to reject and could only claim damages as for a breach of warranty; but the stipulation did not thereby change its character - it remained a condition, and a clause excluding 'warranties' did not touch it. The sellers were liable in damages.